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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Personal Injury Law
Satisfied Customers: 2963
Experience:  personal injury and medical malpractice attorney
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A friend filed a pro se lawsuit in federal court about 4

Customer Question

A friend filed a pro se lawsuit in federal court about 4 years ago.The judge immediately dismissed the case with prejudice, without the defendant filing an answer or motion . However, the plaintiff didn't mail the order of the judge dismissing the case
to the defendant, and the plaintiff didn't file an appeal either. If there is reason to believe that the judge made a mistake in dismissing the case, does the fact that the plaintiff didn't mail the judge's decision to defendant toll the time period to file
an appeal or motion to reopen and for how long?
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Christopher B, Esq replied 1 year ago.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.
No it shouldn't. The case was dismissed and it was not the Defendant's motion that caused the dismissal per your question. Just because the case was dismissed doesn't mean that the Defendant had a duty to send a dismissal that it wasn't even a party to. The Judge probably dismissed the case because there was no proper cause of action or something similar. If the Plaintiff missed the window to file an appeal then the fact that the Defendant did not send the dismissal does not toll the Statute of Limitations.
Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated. (There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic.)
Expert:  Christopher B, Esq replied 1 year ago.
I see you have reviewed my answer, do you have any further questions? If not, please do not forget to positively rate my answer (There should be smiley faces or a 1-5 ranking on my answer. I would appreciate a good or excellent rating) as this is the only way that I am compensated for my work.
Expert:  Christopher B, Esq replied 1 year ago.
Do you need help with the rating system? We answer these questions with the expectation that our work will be compensated by the site. Without your positive rating that won't happen, so if you could take the extra step and help me out, I would appreciate it. There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic.

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